A/HRC/45/CRP.11
including economic, social and environmental issues; 224 its constitutional oversight powers
over other branches of the State (including over the judicial power, the electoral power and
the armed forces);225 and its power to approve the national budget and borrowing by the
State.226
121. Since 2014, there have been numerous acts against opposition members of the
National Assembly. Thirty-two members of the National Assembly have had their
parliamentary immunity lifted so that they can be criminally prosecuted. Of these, six have
been detained and criminally prosecuted on charges of treason of the homeland, conspiracy,
instigation of insurrection, civil rebellion, contempt of court and hate crimes, among others.
Some of these cases have amounted to acts of arbitrary detentions and/or cruel, inhuman or
degrading treatment (see Chapter III below on Targeted Political Repression). The Supreme
Court made the vast majority of requests to lift parliamentary impunity to the National
Constituent Assembly, despite that under the Constitution, the National Assembly is the body
responsible for lifting parliamentary immunity.227
122. Repression of National Assembly opposition members has not been limited to
detention. Of 132 opposition members, 27 alleged having suffered attacks against their life
or physical integrity; 43 alleged receiving threats to their lives and/or physical integrity; and
9 have had their passports removed.228 The families of 25 deputies also alleged having
received attacks or threats. In 2020, the homes or workplaces of 15 National Assembly
members were allegedly sprayed with the words “Bolivarian fury” (“furia bolivariana”). 229
At least 33 opposition members of the National Assembly are living in exile at the time of
writing.230
123. Following his election as National Assembly president on 23 January 2019, the
constitutional chamber of the Supreme Court announced on 29 January that a criminal
investigation would be opened against Juan Guaidó and prohibited him from leaving the
country, while freezing his bank accounts and other assets. 231 The Mission does not have
information about whether an investigation was ever opened. On 1 April 2019, the National
Constituent Assembly said that it had lifted Juan Guaido’s parliamentary immunity. 232
124. All 167 members of the National Assembly are up for re-election in December 2020.
In May 2019, President Maduro had proposed holding elections sooner, 233 but this did not
happen, and would have been contrary to the Constitution.234
224
225
226
227
228
229
230
231
232
233
234
Judgment No. 460 of 9 June 2016, available at:
https://pandectasdigital.blogspot.com/2016/06/sentencia-que-declara-la.html.
Judgment No. 9 of 1 March 2016.
Judgment No. 814 of 11 October 2016. See analysis of this judgment by Professor Allan R. BrewerCarías, Universidad Central de Venezuela, 21 October 2016, available at:
http://allanbrewercarias.com/wp-content/uploads/2019/04/964.-Brewer.-La-Usurpaci%C3%B3n-dela-func.-presupuestaria-por-la-SCl.-Sentencia-SC-814-19-10-2016.pdf.
1999 Constitution, art. 200.
See National Assembly Commission on Justice and Peace, Report on the Situation of Venezuelan
Parliamentarians, April 2020.
Ibid.
Adriana D’Elia; Américo de Grazia; Armando Armas; Carlos Paparoni; Dinorah Figuera; Eudoro
González; Franco Casella; Freddy Superlano; Gaby Arellano; Germán Ferrer; Ismael García; Jony
Rahal; Jorge Millán; José Guerra; José Simón Calzadilla; Juan Andrés Mejía; Juan Manuel Olivares;
Juan Pablo García; Julio Borges; Julio Montoya; Luis Florido; Marianela Magallanes; Mauligmer
Baloa; Miguel Pizarro; Milagros Valero; Rafael Guzmán; Ramón López; Richard Blanco; Rosmit
Mantilla; Sergio Vergara; Sonia Medina; Tomás Guanipa; and Winston Flores.
See YouTube Video, El Pitazo. TSJ acordó dar inicio a una investigación preliminar contra el
Ciudadano Juan Guaidó, 29 January 2019, minute 0:55, available at:
https://www.youtube.com/watch?v=fUjCs0z4utU.
See YouTube Video, Luigino Bracci Roa, Situación en Venezuela. Asamblea Nacional Constituyente,
sesión donde allanan inmunidad a Juan Guaidó, 3 April 2019, minute 1:47, available at:
https://www.youtube.com/watch?v=XK9znl06XYc.
See YouTube Video, RT en Español. Nicolás Maduro propone elecciones anticipadas a la Asamblea
Nacional en Venezuela. 20 May 2019, available at: https://www.youtube.com/watch?v=tbyj7RS-exc.
1999 Constitution, art. 192, which states that deputies shall be in their positions for five years.
29
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents